Washington -LRB- CNN -RRB- -- The Supreme Court gave unanimous support to an American father 's court fight to regain custody of his daughter living overseas , saying the case is still active even if the child is out of the country .

This decision could establish important precedent on the discretion of U.S. courts to decide where youngsters caught in parental fights should stay . It also addresses a key question at the intersection of American and international law .

`` This dispute is very much alive , '' the justices said in their ruling .

The jurisdictional matter before the high court involved a U.S. Army sergeant from Alabama and his Scottish-born wife , who returned alone to her home country with their daughter , Eris .

A federal court said the child should remain in Scotland since it was her `` habitual residence '' under international law . The court also said the custody issue was moot since the girl was overseas .

Lynne Chafin and her lawyers said the purpose of the Hague Convention treaty was to stop children like her 5-year-old daughter from bouncing back and forth between countries over custody .

Justices divided over international custody dispute

But the girl 's father , Jeffrey Chafin , says the custody fight began in American courts where the girl was living at the time , and that his legal claims were never fully heard in those venues .

The Obama administration supported the father and the Supreme Court ultimately sided with him as well , saying his appeal could continue .

`` The Hague Convention mandates the prompt return of children to their countries of habitual residence . But such return does not render this case moot ; there is a live discussion between the parties over where their child will be raised , '' the justices said .

More than 80 nations are a party to the treaty , including the United States and Britain .

The case is : Jeffrey Chafin v. Lynn Chafin -LRB- 11-1347 -RRB-

CNN 's Bill Mears contributed to this report

@highlight

Girl at center of custody dispute lives overseas with her mother

@highlight

U.S. soldier 's appeals were denied by lower court , but case now revived

@highlight

International treaty terms tested limits of American law in custody battle